VOLUME 56.
NEW SERIES.
PRESIDENT'S MESSAGE.
o
Fellow citizens of the Senate and House of
Representatives :
Our deep and heaft-felt gratitude is due to
that Almighty Power which has bestowed up
on us such varied and numerous blessings
throughout the past year. The general health
of the country has been excellent; our harvests
have been unusually plentiful, and prosperity
#mile9 thraughout the land. Indeed, notwith
standing our demerit?, we have much reasm to
ibelievelrom tbe past events in our history, that
we have enjoyed the special protection ot Di
rine Providence ever since our origin as a na
tion. We bave been exposed t ? many threate
ning and aiarming ditficulties ir. our progress ;
but on each successive occasion the 'impending
cloud has been dissipated at tbe moment it ap
peared ready to burst upon our head, and the
danger to our institutions has passed away. —
May we ever be under the divine guidance and
protection !
Whilst it is the duty ot the President "Irom
time to time to give to Congress information ot
the state of the Union," I shall noPreler in de
tail to the recent sad and bloody occurrences at
Harper's Ferry. Still, it is propti to observe
that these events, however bad and cruel in
themselves, derive their chief importance from
the apprehension that they are but symptoms of
an incurable disease in the public mind, which
may break out in still more dangerous outrages
and terminate at last in an open war by the
North to abolish slavery in the South. Whilst,
for myself, I entertain no such apprehension,
they ought to aflbrd a solemn warning to us all
to oeware of the approach of danger. Our U
nion is a stake of such inestimable value as to
demand our constant and watchful vigilance lor
its preservation. In this view let me implore
my country men, North and South, to cultivate
the ancient feelings oi mutuil forbearance and
good-will towards each other, and strive to a!-
lav the demon spirit of sectional hatred and
strife now alive in the lanJ. This advice pro
ceeds from the heart of an old public function
ary whose service commenced in the last gene
ration, among the wise and conservative states
men of that day, now nearly all passed away,
and whose first and dearest earthly wish is to
leave his country tranquil, prosperous, uc.teJ,
and powerful.
We ought to reflect that_in this age, and es
pecially in this country there is an incessant
flux and reflux of public opinion. Questions
which in their day assumed a most threatning
aspect, have now neaily gone from the mem
ory of men. They are "volcanoes burnt out,
and on the lava and ashes and squalid scoriae of
old eruptions grow the peaceful olive, the chee- 1
ring v ; ne, and the sustaining corn." Such, in
mv opinion, will prove to be the fate of the
present sectional excitement, should those who
wisely seek to apply the remedy, coniinuo al
ways to confine tbeir efforts within the pale of
the Constitution. If this course be pursued,
the existing agitation on the subject of domestic
slavery, like everything human, will have its
day and give place toother and less threatning
controversies. Puohc opinio.i in this c matry
is all powerful; when it reaches a dangerous ex
cess upon any question, trie good sense ct the
people will furnish the corrective and bring it
back within safe limits. Still, to hasten this
auspicious result, at the present crisis, we ought
to remember that every rational creature must
be presumed to intend the natural consequences
of his own teachings. Those who announce
abstract doctrines subversive of tbe Constitution
and the Union, must not be surprised should j
their heated partisans advance one step further
and attempt by violence to carry these doc
trines into practical ellect. In tins view of the
subject it never ought to be forgotten, that,
however great may have been the political ad
vantages resulting from *he Union to every
portion of our common country, these would
all prove to be as nothing should the time ever
arrive when they cannot be enjoyed without se
rious danger to the personal safety of the peo
ple of fifteen members of the confederacy. II
the peace ot the domestic fireside throughout
.these States should ever be invaded—if the
pothers of families within this extensive region
the uld not be able to retire to rest at night with
■awt suffering dreadful apprehensions of what
rmay b <? their own fate and that of their children
before the morning—it would be vain to recount
to suet' a people the political benefits which re
sult to themfi om the Union. Self-preservation
is the Sr st instinct ot nature ; and therefore any
state of society in which the sword is all the
timeauepi-nded over the heads ot the peopie,
must at la; t become intolerable. But I indulge
.n no such gloomy forebodings. On the con
trary, Lin. ily believe that the events at Har
per's Ferry, by causing the people to pause and
reflect upon the possible peril of their cherished
institutions, tvilf be the means, under Provi
dence, ot.diayinjg the existing excitement and
preventing futaire outbreaks of a similar char
acter. They will resolve that the Constitution
and the Uo.on shall not be endangered by rash
counsels, knowing that, should "the silver cord
be laoosed.or the goUen bowl be broken *
* at tbe fountain," human power could
never reunitescattered and hostile frag
ments.
I cordially congratulate you upon final
settlement by the supreme court of the United
States of the question of s laverv in the Territo
ries, which fjad presented an aspect so truly
tormidable at the commen cemeo* ot my admin
istration. The right has been established of
every citizen** lake Ins | iroperty of any kind
including slaves, into the common Territories
belonging equally to all the States of the Con-
Jederacv, and to have it protected there tinder
the Federal Constitution. Neither Congress,
nor a territorial legislate re, nor any human
power has any authority to annul or impair this
vested right. The supreme judicial tribunalof
the country, which is a co-ordinate branch ot
the Government, hai sanctioned and affirme
I these principles of constitutional law, s > mani
festly just m themselves, and so well calculated
to promote peace and harmony among the
States. It is a striking proof of the sense of
justice which is inherent in "our people, that
the property in slaves has never been disturbed
to my knowledge, in any of the Territories. —
Even throughout the late troubles in Kansas,
there has not been any attempt, as I am credi
bly informed, to interfere, in a single instance,
with tbe right of the master. Had any sgch at
tempt been made, the judiciary would doubtless
have afforded an adequate remedy. Should
they fail to do ibis hereafter, it wiil then be
time enough to strengthen their hands by fur
ther legislation. Had it been decided that ei
ther Congress or tbe territorial pos
sess the power to annul or impair the right to
property in slaves, the evil would be intolera
ble. In the latter event, th- re would be a
struggle for a majority of the members of the
legislature at each successive election, and the
sacred rights of property held under the Fede
ral Constitution would depend lor the time be
ing on the result. The agitation would thus
be rendered incessant whilst the territorial con
dition remained, and its baneful influence
, would keep alive a dangerous excitement a
meng the people of the several States.
Thus has the status of a Territory, during the
intermediate period from its first settlement un
til it shall become a state, been irrevocably fix
ed by the final decision of the Supreme Court.
Fortuuate has this been for the prosperity of the
Territories as well as the tranquility of the
, States. Now, emigrants from the North and
the South, the East and the West, will meet in
the Territories on a common platform, having
brought with them that species of property best
adapted, in their own opinion, to promote their
welfare. From natural causes the slavery
question will in each case soon virtually settle
itsell : and before the Territory is prepared for
admission as a State into the Union, this de
cision, one way or the other, will have been a
foregone conclusion. Meanwhile the settle
ment ot the new Territory will proceed with
out serious interruption, and its progress and
prosperity will not be endangered or retarded
by violent political struggles.
When in the progress of events the inhabi
tants of any Territory shall have reached the
number required to form a S'ate, will then
proee-d, in a regular manner, and in the exer
cise of the rights of popular sovereignty, to form
a constitution preparatory to admission into the
Union. After this has been done, to employ
the language of the Kansas and Nebraska act,
"they shall be received into tile Union with or
without slayeiv, as their constitution may pre
scribe at ths time of their admission," This
! sound principle has happily been recognised, in
' some form or other, by an almost unanimous i
vote of both houses of the last Congress.
Ail lawful means at my command bave been j
employed and shall continue to be employed to \
execute the laws against '.he African slave-trade j
After a most careful and rigorous examination
of our coasts, and a thorough investigation of
the subject, we have not been able to discover
that any slaves have been imported into the
United States except the cirgo by the Wander
er, numbering between three and four hundred.
Those engaged in this unlawful enterprise have
been rigorously prosecuted ; but n it with as
much success as their crimes have deserved.
A number oi them are bhli under prosecu
tion.
Our history proves that the Father of the
Republic, in advance of all other nations, con
; demned the African slave-trade. It was, not
withstanding, deemed expedient by tbe frarners
of the Constitution to deprive Congress of the
power to prohibit "the migration or importation
of such persons as any of the States now ■ exis
ting shall tiiink propet not to admit" ptior tc
: the year one thousand eight bundled and
ei n hl *
It will be seen that this restriction on the!
power of Congress was confined to such States
only as might think proper to admit the impor
tation of slaves. It did not extend to other
States or to the trade carried on abroad. Ac
cordingly, we find that so early as the 22d of
March, 1791, Congress passed an act imposing
; severe penalties and punishments upon citizens
and residents of the United States who should
engage in this trade between foreign nations,
j The provisions ot this act were extended and
j enforced by the act of 10th May, ISOO.
! Again: The States themselves bad a cb-ar
right to wave the constitutional privilege in
tended for their benefit, and to prohiuit, by
, their own laws, this trade at any time they
thought proper, previous to IS OS. Several of
them exercised this right before that period,
; and among them some containing the greatest
number of slaves. This gave to Congress the
immediate'power to act in regard to ail such
; States, because they themselves had removed
the constitutional! barrier. Congress accor
dingly passed an act on the 2Sth February,
ISO 3, "to prevent the importation of certain
persons into certain Slates where, by the laws
thereof, their admission is prohibited." In this
manner the importation oi African slaves into
j the United States was, to a great extent, pro
hibited some years in advanced ISOB.
As the year 180S approached, Congress de
termined not to suffer this trade to exist even
to: a single day after they bad tbe power to a
boiish it. On the 2d of March, 1807. they
passed an act to take effect "from and after tbe
Ist day of January, 1808," prohibiting the im
portation ot African slaves into the United
States. This was followed by subsequent acts
of a similar character, to which I need not spe
cially refer. Such were the principles and
such the practice of our ancestor more than
fifty years ago in regard to the African slave
trade.
It did not occur to the revered patriots who
had been delegates to the convention, and af
terwards became members of Congress, that in
passing these laws they had violated {the Con
stitution which they had framed with so much
BEDFORD, PA., FRIDAY MORNING, JANUARY C, 1860.
i care and deliberation. They supposed that to
j prohibit Congress, in express terms, from exer
cising a specified power before an appointed day
necessa r iiy involved the right to exercise this
j power alter that day had arrived.
If this were not the case, the framers of the
! Constitution had expended much labor in vain.
Had they imagined that Congress would possess
;no power to prohibit the trade either before or
after 1808, tiiey would not have taken so much
■ care to protect the States against the exercise of
j this power before that period. Nay more, they
would not bave attached such vast importance
to this provision as to have excluded it from the
possibility of future repeal or amendment, to
which other poilions of tin Constitntiou were
ex;) ,-d. It would then have been wholly un
necessary to engraft oil the fifth article of til*
Constitution, prescribing the mou* ot its own
; future amendment, tbe proviso, '-that no amend
j merit which may be made prior to the year one
[thousand eight hundred and eight, shall in any
i manner affect" the provision in the Constitu
j (ion securing to the States the right to admit the
| importation of African slaves previous to that
i pei iod.
According to the adverse construction, the
; clause itself, on which so much care and riiscus
| sion had been employed by the members of the
i convention, was ar. absolute nnliity from the
! beginning, and all that has since been done
i under it a mere usurpation,
i It was well and wise to confer this power
lon Congress, because, had it been left to Slates,
j its efficient exercise would have been impossi
ble. In that event any one State could have
i effectual!) continued the trade not only lor
• ail tbe other slave States, though never so
i much against their will. And why f Because
; African slaves, when once brought within the
! limits of any one State, in accordance with its
: laws, cannot practically be excluded from any
! other Slate where slavery exists. And even it
ail the State* bad separately passed laws pro
| bibiting the importation si slaves, these laws
j would have failed of effect for want ot a navel
' force to capture tbe slavers and to guard the
: coasts. Such a force no Slate can employ in
time of peace without the consent of Congress.
'These acts of Congress, it is believe ), have,
; with very rate and insignificant exceptions,
accomplished their purpose. For a period of
more than half a century there has been no
i perceptible addition to tbe number of oi.r do
; mesne slaves. During this period tfiesr ad
vancement in civilization has tar surpassed that
|of any other portion of the African race. The
j light and the blessings ot Christianity have been
| extended to them, and both their moral and
j phvsical condition has been greatly improved.
Reopen the trade, and it would be ciiiicnit
; to determine whether the effect would be more i
| deleterious on the interests ot Ihe master or on
j those of the native-born slave. Of the evils to
! the master, the one most to be dreaded would
! be the introduction ot wild, heathen,and jgno
| rant barbarians among the sober, orderly, and
[quiet slaves, whos- 1 ancestors bave been oa the
• soil for several generations. This might tend
to barbarize, demoralize, and exasperate the
whole mass, and produce most deplorable coa
stqences.
The effect upon the existing slave would, if j
possible, be still more deplorable. At presenti
he is treated with kindness and humanity. He j
is well fo.!, well clo'.hed, an i not overworked, i
• His condition n incomparably better than that j
lof tlie coolie* which modern nations of high
1 civilization have employed as a substitute for
j African slaves. Both the philanthropy an J the
j self-interest of the master have combined to
j produce this humane result. But let this trade
jbe reopened, and what will be the effect The
same, to* considerable extent, as on a neigh-
island,—the only spot now on earth
where the African slave-trade is openly tolera
ted : ami this in defiance of solemn treaties
with a power abundantly able a' any moment
ito enforce their execution. There the master
; intent upon prese.it gain, extorts from the stave
as much labor as his physical powers are capa
ble of enduring—knowing that, when death
comes to his relief, his place can be supplied
at a price leduced to the lowest point by the
competition of rival African slave-traders.—
Should this ever be the case in our country — [
j which Ido not deem possible— the present
[useful character ot the domestic institution,
! wherein those too old and too young to work
| are provided for with care and humanity, and '
j those capable of labor are not overtasked, would
j undergo an unfojtun te change. The feeling
; or reciprocal dependence and attachment wliich
; now exists between mister and slave would he
: converted into mutual distrust and hostility.
But we are obliged as a Christian and m-.-ral
• nation io consider what wouid tie the effect i
: upon unhappy Africa itself .if ivesaould reopen
j the slave-trade. This would give the trade an
j impulse and extension which it has never had
even in its palmist days. The numerous vic
tims required to supply it would convert the
whole slave coast into a perfect Pandemonium,
for which this country would be held responsi
ble in the eyes both of God and man. Its pet
ty tribes would then be constantly engaged in j
predatory wars against each other for the pur
pose of seizing slaves to snpply tbe American
market. All hopes of African civilization
would thus be ended.
On the other hand, when a market for Afri
can slaves shall no longer be furnished in Cuba,
and thus all the world be closed against this
trade, we may then indulge a reasonable hope
for the gradual improvement of Africa. The
chief motive of war among the tribes will cease
whenever there is no longer any demand for
slaves. The resources of that fertile but
miserable country might then be developed
by the hand of indusry and afford subjects for
legitimate foreign and domestic commerce. In
this manoer Christianity and civilization may
gradualty penetrate the existing gloom.
The wisdom of the course pursued by this
Government towards ChiDa has been vindica
ted by the event. Whilst we susfained a ueu- ,
Freedom of T&cngiit and Opinion.
trai position in the war waged by Ureal Britain
and Franc* against the Chinese empire, our
late minister, in obedience to liis instructions,
judiciously co-operated with the ministers of
these powers in all peacelu] measures to secure
■ by treaty the just concessions aeinanded by the
j interests of ibreign commerce. The result is
; that satisfactory treaties have been concluded
with China by.the respective ministers ot the
United States, Groat Britain, France, and Rus
sia. Our "treaty, or general convention of
peace, amity, and commerce," with that empire
was concluded at Tientsin on the ISth June,
1853, and was ratified by the President, by
and with the advice and consent ol the Senate,
on the 2i*t December following.
On ti : h December. 1858, John E.
Ward, a distinguished citizen ol Georgia, was
duly commissioned as envoy extraordinary and
| minister plenipotentiary to China. He left
i the United S'ates for the place of his destina
| lion on the sti> ot February, 1559, hearing
with him the ratified copy of his treat)', and
! arrived at Shanghai on the 23th Mav. From
i tiience he proceeded to Peking on the lfilh
j June, but lie did not arrive in that city until
[ the 27th July. According to the terms of the
i treaty the ratifications were to be exchanged
.on or betor: the 13th Jun j , 1859. This was
rendered impassible by reasons an 1 events be
; vond Ins control, not necessary to detail ; but
still it is due to the Chinese authorities of
i Shanghai to state that they always assured him
no advantage should be taken of the delay, and
j this pledge has heen faithfully redeemed.
On the arrival of Mr. Ward at Peking he,
requested an auuience ol the Emperor to pre
set his letter of credence. This he did not
j obtain, in consequence of his very proper refu- i
to submit to tie humiliating ceremonies re
! quired by the etiquette of this strange . people
in apprcaicli'-a their sovereign. .Nevertheless
; the interviews on this question were conduc
ted in the n >st friendly spirit and with ail due
tegard to his personal feelings and the honor
ol h's country. When a presentation to his
Majesty was found to beimpossible, the letter of
credence lr<*m the President was received with
peculiar honors by Kweiliang, "the Emperor's
prime minister and the second man in the em
pire to the Emperor himself." The ratifications j
of the treaty were afterwards, on the lfith of
Augu- t, exchanged in proper form at Pei-tsang. '
As the exchange did not take place until after
the day described by the treaty, it is deemed
proper, Wore its publication, again to submit
it to the Senate.
It is but simple justice to the Chinese authori
ties to observe, that, throughout the whole
transaction, they appear to have acted in good ;
fiith and a friendly spirit towards the United
States. luisfti ue that this has been done.after
their own peculiar fashiou ; but we ought to
regard with a lenient eye the ancient customs
of an empire dating back for thousands of years,
so far as this may be consistent with our own |
national honor. The conduct of our minister ;
oo the occasion has received ray entire appro- •
bat ion.
la order to carry out the spirit of this treaty,
and fa give it full effect, it became necessary
to conclude two supplemental conventions—
the on -tor the adjustment and satisfaction of i
the claims of our citizens, and the other to fix j
the tn;a on imports and exports, and to reg- j
ulite the transit duties and trade of our mer
chants with China. This duty was satisfactori
ly performed by our lit.' minister, ihese c.n- j
vent ions bear date at Shanghai on the Bth No- j
vender 1358. Having been considered in the
light of binding agreements subsidiary to the!
principal treat)* and to be carried into execu- :
lion without delay, they do not provide for any ■
formal ratification or exchange of latitications !
by the contraction parties. This was nat dee
med necessary by the Chinese, who are already •
proceeding in g id laitii to satisfy the claims of
our citizens, and, it is hoped, to carry out the
other provisions of the conventions. Stiil I
thouht it was proper to submit them to the j
Senate, by which they were ratified on the 3d
March, 1859. The ratified copies, however,
did not reah Shanghai until after the departure
of our minister t• ~ Peking, and tiiese conven- J
tions coul.l not, therefore, be exchanged at the
same time with the principal treaty. No
doubt is entertained that they will be minted
and exchanged by the Chinese government,
should this be thought advisable ; but, under the
circumstances presented, 1 shall consider them
binding engagements trorr. their date on both :
parties, and cause them to be publisried as such '
for the information and guidance ot our mer
chants trading with the Chinese empire.
It allords me much satisfaction to inform you
that all our difiicullies with the republic oi ;
Paraguay have been satisfactorily a sjusteJ. ii ,
happily did not become necessary to employ
the force (or this purpose which Congress had
placed at my command, under their joint resolu
tion of 2d June, ISSB. On the contrary, the
President of that republic, in a friendly spirit,
acceded to thejust and reasonable demands ot
the Government of the Uni'td States. Our
commissioner arrived at Assumption, the capi
tal ol the republic, on the 25th of January,
1859, and left it on the 17th of February,
having in three weeks ably and successfully
accomplished all the objects ;of his mission.—
The treaties which he has concluded will be
immediately submitted to the Senate.
In the view that the employment of ether
than peaceful means might become necessary
to obtain "just satisfaction" from Paraguay, a
strong naval force was concentrated in the
waters of the La Plata to await contingencies,
whilst our commissioner ascended the rivers to
Assumption. The Navy Department is enti
tled to great credit for the promptness, efficien
cy and economy with which this expedition
was fitted out and conducted. It consisted of
nineteen armed vessels, great and small, car
rying 200 guns and 2,500 men, all under the
command of the veteran and gallant Shubrick.
The entire expenses of the expedition have
been defrayed out of the ordinary appropria-
lions for the naval service, except the sum o'
$289,009, applied to the purchase of seven o!
the steamers, constituting a part of if, under the
authority of the naval appropriation act ol the
3d March last. It is believed that these stea
mers are worth more than their cost, and they
are all now usefully and actively employed in
• thp naval service.
The appearance of so large a farce, fitted
out in such a prompt manner, in lite far distant
waters ot the La Plata, and the admirable con
duct oi the officers and men employed in it,
have had a happy, effect in favor of our coon
try [throughout ali that remote portion of the
world.
Our relations with the great empires of
France and Russia, as well as with ail other
Governments o the continent of Europe, un
less we may except that of Spain, happily con
tinue to be of the most friendly character. •
In my last annual message I presented a
statement of the unsatisfactory condition of our
relations with Spain ; and i regret to say that
this lias not maleiiallv improved. A'llhout
special reference to other claims, even the
"Cuban claims," the payment of which has
been ably urged by our ministers, and in winch
more than a hundred of our citizens are direct
ly interested, remain unsatisfied, notwithstan
ding both their justice and their amount ($l2B
63b 54) had been recognised and ascertained
by the Spanish government itself.
I again recommend that an appropriation h*
made "to be paid to the Spanish government
for the purpose of distribution among the claim
ants in the Amistad case." In common with
two of my predecessors, I entertain no doubt
tiiat this is required by our treaty with Spain of
the 27th October, 1795. The failure to dis
charge this obligation has been employed by
the cabinet ot .Madrid as a reason against the
settlement of our claims.
I need not repeat the arguments which I ur
ged in my ln-t annual message in favor of the
acquisition of Cuba by lair purchase. .My o
pitwous on that measure remain unchanged. I
therefore, again invite the serious attention of
Congress to tbis important subject. Without a
recognition of this policy on their part, it wiil
be almost impossible to institute negotiations
with any reasonable prospect of success.
Until a recent period there was good reason
to believe that I should be able to announce to
you on the present occasion that our difficulties
with Great Britain, arising out of the Clayton
and Bulwer treaty, bail been finally adjusted in
a manner alike honorable and satisfactory to both
parties. D%om causes, however, which the
British government had not anticipated, they
have not yet completed treaty arrangements
with the republics of Honduras and .Nicaragua,
io pursuance of the understanding between the
two governments. It is, nevertheless, confi
dently expected that this good work wiil ere
long be accomplished.
Whilst indulging the hope that no other sub
ject remained which could disturb the good un
derstanding between the countries, the question
arising out of the adverse claims ol the parties
to the Lland of San Juan, under the Oregon
treaty of the Istli of June, 1546, suddenly as
sumed a threatning prominence. In order to
prevent unfortunate collisions on that reinite
frontier, the late Secretary of State, on the 17th
July, 15.).), addressed a note to Mr. Cra.npton,
then British mini.-ter at Washington, commu
nicating to him a copy ol the instructions which
he [.Mr. Maicy] had given, on the 14th July,
to Gov. Stevens, ot Washington Territory, hav
ing a special reJ'ereuce loan "apprehended con
flict between our citizens and the British sub
jects on the Island oi Sao Juan." To prevent
this, the governor was instructed " that the of
ficers of the Territory should abstain from all
acts on the disputed grounds which are calcula
ted to provoke any contlicts, so far as it can be
done without implying the concession to the
authorities of Great Britain.of an exclusive
right over the premises. The title ought to be
settled before either party should attempt to ex
clude the other by force, or exercise complete
and exclusive sovereign fights within the fairly
disputed limits." ,
la acknowledging (lie receipt on the next
day of Air. Marcy's note, the British minister
expressed his entire concurrence "in the pro
priety of the course recommended to the gover
nor of Washington Territory by your [Mr.
Marcy's] instructions to that officer," and sta
ting that he had "lost no time in transmitting a
copy of that document to the governor-general
of British North America," and had "earne f :-
ly recommended to his Excellency to take such
treasures as to him may appear best calcuiaud
to secure, on the part of the British local au
thorities and the inhabitants of the neighborhood
ol the line in question, the exercise of the same
spirit of forbearance which is inculcated by you
[.Mr. Marcy] on the authorities ana citizens of
the United States."
Thus matters remained upon the faith of this
arrangement until the 9th July last, when Gen.
Harney paid a visit to the Island. He found
upon it twenty-five America# residents with
tiieir families, and also an establishment of the
Hudson's Bay Company for the purpose of rai
sing sheep. A short time before hi< arrival one
ot these residents had shot an animal belonging
to the company, whilst trespassing upon bis
premises, lor which, however, he offered to pay
twice its value; hilt that was refused. Soon al
ter "the chief factor ot the company at Victoria,
Mr. Dalles, son-in-law of Governor Douglas,
came to the Island in the British sloop-of war
Satellite, and threatened to take "this American
(Mr. Cutler) by force to .Victoria, to answer for
the trespass he had committed. The Ameri
can seized his ritle and told Mr. Dalles if any
such attempt was made he would kill him o'>
the spot. The affair then ended."
Under these circumstances, the Amer^ 3ll
settlers presented a petition to the Ge.wral,
"through the United States inspector ol customs,
Air. Ilubbs, to place a force upou the<'and to
protect them from the ludiaus as ?li as the
oppressive interference of the authorities of the
\VIS:,E; HL'Jzbew, as§3.
Hudson Hay company at Victoria with their
rights as American citizens." The General im
mediately responded to this petition, and order
ed Caf>tain George E. Pickett, 9th infantry,
'•to establish his company on Bt-llevue, or San-
Juan island, on some suitable position near the
harbor at tl|i- southeastern extremity." This
order was.promptly obeyed, and a military post
was established at the place designated. The
(orce was afterwards increased, so that by the
last return the whole number of troops then on
the island amounted in the aggiegate to 691
men.
Whilst I do not deem it proppr on the pres
ent occas:o:> to go further into the subject and
discuss the weight which ought to be attached
to the statements of the British colonial author
ities, the accuracy of the*informa
tion on which the gallant General acted,
it was due to him that I should thus present his
own reasons tor issuing the order to Captain
Pickett. From these it is quite clear his object
was to prevent the British authorities on Van
couver's island from exercising jurisdiction over
American residents en the Island of San Juan,
as well as to protect them against the incursions
of the Indians.
Much excitement prevailed for some time
throughout that region, and serious danger cf
j collision between the parties was apprehended.
The Biitish had a large naval fjree in the vi
cinity: and it is but an act of simple justice la
the admiral on that station to state that he wise
ly ami discreetly forbore to commit any hostile
act, but determined to refer the whole affair to
his government and awa t tlmir instructions.
This aspect ol the matter, in my opinion, de
manded serious attention. It would have been
a great calamity for both nations had they been
precipitated into acts of hostility not on the
question of title to the island, but merely con
cerning what should be its condition during the
intervening period whilst the two governments
might be employed in settling the question to
which of them it belongs. For tnis reason
Lieutenant General Scott was despatched on the
17th September last to Washington Territoiy*
to take tmmediate command of the United States
farces on the Pacific coast should he deem this
necessary. The main object of his mission waa
to carry out the spirit of the precautionary ar
rangements between ths late Secretary of State
and the British minister, and thus to preserve
the peace and prevent collision between the
British and American authorities pending tho
negotiations oetween the two governments.
Entertaining no doubt of the validity of our title,
I need scarcely add that, in any event, Ameri
can citizens were to be placed on a footing at
least as favorable as that of British subjects, it be
ing understood that Captain Pickett's company
should remain on the island. It is proper to cb
ser*riidt considering the distance from the
scene df actio"#,' and in ignorance of what might
have transpired on the spot before the General's
arnval, it was necessary to leave much to his
discretion, and I am happy to state the event
has proven that this discretion could not have
been intrusted to more competent hands. Gen.
Scott has recently returned from his mission,
having successfully accomplished its objects, and
there is no longer any good reason to apprehend
a collision between the forces of the two coun
tries during the pendency of the existing nego
tiations.
I regret to inform you that there has been no
improvement in the affairs of Mexico since my
last annual message, and I a:n again obliged to
ask the earnest attention of Congress to the
unhappy condition of that republic.
The constituent Congress of Mexico, which
adjourned on the 17th February, 1857, adopted
a constitution and provided for a popular elec
tion. This took place in the following July,
[1857.] and General Comonfort was chosen
President, almost without opposition. At the
same election a new Congress was chosen, whose
first session commenced o:i the 16th of Septem
ber, [1857.] By the constitution of 1857 the
presidential term was to begin on the Ist of
December, [1857.] and continue for four years.
On that day General Coinonfort appeared belor&
the assembled Congress in the City of Mexico,
took the oath to support the new constitution,
and was duly inaugurated as President. Within
a month afterwards he had been driven from
the capital, and a military rebellion bad assign
ed the supreme power of the republic to Gener
al Zuioaga. The constitution provided that i*
the absence of the President ins ctlice sho"d
devolve upon the Chief" Justice of the Sup'-me
Court, and, Gen. Comonfort having J< t the
country, tins functionary, General JuarA pro
ceeded to form, at Guanajuato, a cons'tut ioaai
government. Before this was officiary known,
however, at the capital, the govern r-ot of Zulo
acra had been recognized by the er if e diplomat
ic corps, including the minister of the United
Suites, as the u'e facto government of .Mexico,
file constitutional President, - evertheless,main
tained his position with Jiri JFSS anil was soon
established with his c? J| net at "Vera Cruz.
Meanwhile, the governr-*nt>of Zuioaga was ear
nestly resisted in mam paitsot the republic,
and even in the capful, a portion of the arrrv
having pronounced Jgainst it, its functions weie
declared terminated, and an assembly of citi
zens was invited'or the choice of a new Presi
dent. Thisas-nibly elected General Miratnon,
hut that oflit.' repudiated the plan under which
he was chr'-n, and Zuioaga was thus restored
to his pr. 'ious position. He assumed it, how
ever, o'J to withdraw from it, and Miramon,
ha vim- become, by his appointment, "President
Subs'' ,u, ">" codtinues, with that title, at tho
t ie3 d ol the insurgent parly.
In my last annual message 1 communicated
;o Congress the circumstances under which the
late Minister of the United States suspended his
otneial relations with the central government,
and withdrew Irom the country. It was impt
sible to maintain friendly intercourse with a
government, like that at the capital, under
whose usurped authority wrongs were constant
ly committed, but never redressed. Had this
been an established government, with its pow-
VOL. 3, NO. *23.